Maimo Fit User Agreement
Effective Date: Effective from 5th August 2021
Please take a moment to familiarize yourself with our User Agreement and let us know if you have any questions.
70mai Co., Ltd. (“70mai”) hereby specially reminds users to carefully read and fully understand the User Agreement (the “Agreement”). The User shall carefully read and fully understand all clauses hereof, especially those involving the exemption or limitation of 70mai’s liability, the settlement of dispute and the application of laws. You should primarily read clauses about the exemption from or restriction of liability, which are in bold. Please prudently read the Agreement and choose to accept or not to accept the Agreement (a minor shall read the Agreement as accompanied by the legal guardian thereof). Your use of the Maimo Fit App and any other behaviors will be deemed as your acceptance of the Agreement and agreement about constraints of all clauses hereof. If you disagree about the Agreement, please do not use the Maimo Fit App. 70mai will be entitled to revise the Agreement, and publish updated clauses hereof on the Maimo Fit App, which will come into effect as of the date of publication.
1. General Provisions
1.1. Maimo Fit App is a software provided by 70mai to connect smart
wearable devices and an application that integrates exercise and health data
from wearables. The ownership and operation right of the software and services
belong to 70mai.
1.2. The Agreement is concluded by and between you (the “User”) and 70mai and
its affiliated companies and operation partner (the “Partner”) concerning the
User’s use of the Maimo Fit App (the “Software”) and use of other
relevant services of 70mai.
1.3. The Software and services include:
1.3.1. The software and services are provided for smart wearable devices, allowing the
User to connect and register device, manage functions and settings, and access
exercise and health data services. Specific services provided are subject to
Maimo Fit App.
1.3.2. Update or upgrade of the aforesaid software.
1.4. The User shall understand: 70mai only provides the User with the Software and
relevant services, and the User shall independently undertake expenses necessary
for devices relating to the Software and services (e.g., terminal charges of the
Software and Internet access fees). Meanwhile, when using the client terminal of
the Software and relevant services, the User will use relevant equipment,
bandwidth, traffic and other sources.
2. Scope of Software Licensing
2.1. Concerning the Software, 70mai grants the User a personal, non-transferable and
non-exclusive license to use the Software without the right to sublicense.
2.2. The User can install, use, display and run the Software in 70mai devices for a
non-commercial purpose. However, the User shall not install, use or run the
Software for any purpose of commercial operation, or copy, change, modify, run
in an articulated way or create any derivative works for the Software, or the
data discharged to any terminal device memory in the process of operation of the
Software or interactive data between client terminal and server terminal in the
process of operation of the Software, including but not limited to getting
access to the Software and relevant system by using any plug-in, tag-on service
or unauthorized third-party tool/service. In the case of any commercial sales,
duplication or distribution, such as software pre-installment and bundling, the
written authorization and permission of 70mai shall be obtained.
2.3. The User shall not, without the explicit permission of 70mai, install the
Software on any other terminal device.
2.4. The User may have one copy of the Software as backup for the purpose of the use
of the Software and services. The backup copy must include all copyright
information included in the original software.
2.5. Except those explicitly authorized hereunder, 70mai does not authorize any
other right to the User. If the User intends to use any other right, he/she
shall otherwise get the written consent of 70mai.
3. Software Upgrade
3.1. In order to improve user experience and perfect service contents, 70mai shall
be entitled to provide you with the substituting, modified or upgraded version
from time to time. The Software provides the function of “upgrade prompt” for
the User at default. According to the difference of the software version used by
the User, 70mai provides the authority for the User to choose whether to enable
such function at the discretion thereof. After the issue of a new version of the
Software, 70mai does not guarantee the continuous availability of the old
version of the Software.
4. Use Specifications
4.1. On the premise of compliance with laws and the Agreement, the User may use the Software and services pursuant to the Agreement. The User shall not conduct any of the following behaviors:
4.1.1. Deleting all the copyright information in the Software and other copies, and
modifying, deleting or evading technical measures set by the Software for the
protection of intellectual property rights;
4.1.2. Conducting any reverse engineering for the Software, such as disassembling,
decompiling or any other attempt to acquire source codes of the Software;
4.1.3. Increasing, deleting or changing any function or operation effect of the
Software by modifying or forging any operation instruction or data of the
Software, or operating or spreading to the public any software or method used
for the aforesaid purpose, no matter whether such behavior is for a commercial
purpose;
4.1.4. Conducting an behavior damaging network security by the Software, including but
not limited to: using any unauthorized data or entering any unauthorized
server/account; without permission, entering any public network or others’
operation system and deleting, modifying and adding stored information; without
licensing, trying to explore, scan or test the vulnerability of the system or
network of the Software or conduct any other behavior damaging network security;
attempting to intervene in or destroy the normal operation of system or website
of the Software, intentionally spread any malicious procedures or virus or
conduct any other behavior destroying and disturbing normal network information
services; or, forging all or part of names of TCP/IP data packages;
4.1.5. The User logging in or using the Software and services by any third-party
compatible software or system not developed, authorized or recognized by 70mai,
or preparing, issuing or spreading the aforesaid tool;
4.1.6. Without the written consent of 70mai, the User arbitrarily conducting any of
the following behaviors including but not limited to: using, leasing, lending,
copying, modifying, linking, transloading, assembling, issuing or publishing the
Software and information therein, establishing any mirror image website, or
developing any relevant derivative products, works, services, plug-in, tag-on,
compatibility, interconnection and so on by virtue of the software;
4.1.7. Publishing, transmitting, spreading or storing any content in breach of
any local law by virtue of the Software;
4.1.8. Publishing, transmitting, spreading or storing any content infringing upon
others’ legal rights such as intellectual property rights and business secrets
by virtue of the Software;
4.1.9. Publishing, transmitting or spreading any advertising information and
spam message in batch by virtue of the Software;
4.1.10. Using the Software or any other service provided by 70mai in any other illegal
way, for any other illegal purpose or in any other way inconsistent with the
licensed use hereunder.
4.2. Information publication specifications
4.2.1. With respect to the information contents published by virtue of the
Software, you shall ensure that you have intellectual property rights or have
obtained legal authorization for them uploaded by you, and any behavior
conducted by your using the Software and services does not infringe upon legal
rights and interests of any third party.
4.2.2. When using the Software, you shall not conduct behaviors below by virtue
of the Software, including but not limited to:
4.2.2.1 Preparing, copying, issuing, spreading or storing any content in breach
of local state laws and regulations;
4.2.2.2 Issuing, transmitting, spreading or storing any content infringing upon
others’ legal rights such as the right of reputation, the right of portrait,
intellectual property right or business secret;
4.2.2.3 Fabricating any fact or concealing any truth to mislead or cheat others;
4.2.2.4 Publishing, transmitting, or spreading any advertising information or
spam message;
4.2.2.5 Conducting any other behavior in breach of local laws and regulations.
4.2.3. Without 70mai’s permission, you shall not conduct any commercial
behavior such as the release of advertisement or sales of commodities in the
Software.
4.3. The User hereunder understands and agrees:
4.3.1. 70mai will identify whether the User is suspected of violating any of the aforesaid use specifications, and suspend or terminate the use permission for you as per identification result or take any other restrictive measure according to the Agreement;
4.3.2. 70mai will directly delete any information suspected of breaching any law, infringing upon any legal right of others or breaching the Agreement as issued by the User when using the licensed software;
4.3.3. If the User’s behavior in breach of any of the aforesaid use specifications damages any third party, you will need to independently bear legal liability in your own name, and ensure that 70mai will be exempted from losses or additional expenses arising therefrom;
4.3.4. If the User breaches relevant legal provision or agreement, making 70mai suffer losses, claim made by a third party or penalty imposed by an administrative authority, the User shall compensate 70mai for losses and (or) expenses arising therefrom, including reasonable lawyer fees and investigation and evidence collection expenses.
5. Descriptions of Third-party Services
5.1. The User understands and agrees that the system of the Software may include
services provided by any related party of 70mai or a third party. 70mai
provides relevant function module and the use entry to third-party services only
for the purpose of facilitation for the User’s operation.
5.2. No matter whether third-party services are preset in services of the system
of the Software or are independently opened or subscribed by the User, the User
understands and agrees that 70mai does not provide any explicit or implicit
assurance or guarantee for the legality or effectiveness of behaviors of
provider of third-party services or the User as well as the legality, accuracy,
effectiveness and security of third-party services.
5.3. 70mai does not supervise third-party services, possess any right of
control over that, provide the assurance or guarantee in any way for any
third-party services, or bear any liability for those.
5.4. Any dispute or controversy between the User and a provider of the
third-party services shall be solved by and between the User and the provider as
per business processes and specifications of the provider through independent
negotiation. 70mai will not bear any liability.
6. Privacy Policy and Individual Information Protection
6.1. 70mai undertakes to protect the privacy of the User as per the product
privacy policy. Please refer to the 《Maimo Fit Privacy Policy》.
7. Liability for Breach
7.1. 70mai shall be entitled to judge whether a behavior of the User conforms
to any clause hereof. If believing that the User breaches relevant laws,
regulations, the Agreement or relevant rules, 70mai will be entitled to,
according to the degree of severity of the irregular circumstance, take
treatment measures such as the deletion of irregular information, the
restriction, suspension or termination of the User’s use of services of the
Software, investigation of the User of legal liability or any other one deemed
by 70mai as proper, against the User. If 70mai suffers any loss (including but
not limited to a claim from any third party or the penalty imposed by any
administrative department), the User shall bear all liability.
8. Service Risks and Disclaimer
8.1. 70mai provides service supports by current technologies. 70mai does not
guarantee that services of the Software will not be interrupted or have any
error in terms of operation, it will correct all defects of the services, or
services of the Software can meet all requirements of the User. 70mai will not
bear any liability for consequences arising therefrom.
8.2. 70mai will not be liable for all the losses of the User arising from
third-party communication line fault, technical problem, network fault, computer
terminal device fault, system instability or any other force majeure.
8.3. 70mai does not guarantee the legality, authenticity, accuracy and effectiveness
of information contents (including but not limited to third-party service
contents invoked) acquired through the Software, and does not bear any liability
for the result of any behavior conducted by the User based on query and check.
8.4. Same as a majority of Internet software, the Software is influenced by factors
such as the reason of the User, network service quality and social environment,
and may be invaded and harassed by different security problems. For example, the
User may be harassed in reality due to others’ use of his/her materials; any
other software downloaded and installed by the User or any other website that
the User visits includes viruses such as “Trojan horse”, threatening the
security of the User’s terminal equipment information and data and thereby
influencing the normal use of the Software. The User shall strengthen
information security and the sense of protection of his/her materials, and
emphasize password protection, in order to prevent losses and harassment.
8.5. When the User uses the Software or requires 70mai to provide specific services,
the Software may invoke a third-party system or software to support the User’s
use or visit, with the use or visit results to be provided by the said third
party. Besides relevant rules herein, the User shall also comply with the
third-party agreement and relevant rules. The User shall understand and agree:
When the User uses any third-party service, the third party may read user data.
70mai does not guarantee the security, accuracy and effectiveness of results
realized by a third-party system or software as well as other uncertain risks.
the User shall make a judgment prudently. 70mai will not bear any liability for
any dispute or damage arising therefrom.
8.6. 70mai specially reminds the User to note: In order to guarantee the autonomous
right of corporate business development and adjustment, 70mai has the right to
modify or suspend services at any time after notifying the User in a reasonable
manner.
8.7. Save as definitely stipulated under laws and regulations, 70mai will make
utmost efforts to ensure that the Software and the technologies and information
involved therein are safe, effective, accurate and reliable. However, owing to
existing technologies, the User understands that 70mai cannot guarantee that.
8.8. The User’s compensation for personal injury or incidental or indirect economic
damages arising from or related to any of the following circumstances, including
but not limited to the compensation for profit loss, material loss or business
interruption or other commercial damage or losses, shall be borne by the User
independently:
(1) Use or failure in use of any licensed software;
(2) A third party’s unauthorized use of software or modification of user data;
(3) Expenses and losses arising from the User’s use of the Software;
(4) The User’s misunderstanding of the Software;
(5) Other losses in connection with the Software for reasons not attributable to
70mai.
8.9. The User agrees that 70mai has the right to suspend, interrupt or terminate the
provision of all or part of the services for the User based on requirements of
judicial, regulatory and supervisory departments or its own business. 70mai
will not bear any liability for that.
8.10. The User understands and agrees: 70mai will make reasonable commercial efforts
to guarantee User data storage security in the Software and services, but will
not provide full guarantee. The User shall understand that 70mai will not be
liable for the deletion of data or the failure in storage or backup during
services.
9. Statements on Intellectual Property Rights
9.1. 70mai is the holder of intellectual property rights of the Software.
Intellectual property rights such as copyrights, trademark rights, patent rights
and business secrets of the Software, and all information contents related to
the Software (including but not limited to words, pictures, audios, videos,
charts, interface designs, layout framework, relevant data or electronic
documents) shall be protected by local laws and regulations and corresponding
international treaties, and enjoyed by 70mai.
9.2. Without 70mai’s written consent, the User shall not independently or
permit any third party to implement, use or transfer the aforesaid intellectual
property rights for any commercial or non-commercial purpose. If not, 70mai
will reserve the right to investigate the User of legal liability for the
aforesaid behavior.
10. Terms of Use for Minors
10.1. If the User is a minor aged below 18, he/she shall read the Agreement and
use the Software and relevant services as guarded, guided and approved by the
guardian thereof.
10.2. Special prompts for minor user:
10.2.1. An adolescent shall use services under the supervision and guidance of his/her
guardian, correctly use network within a reasonable scope, avoid indulging in
virtual cyberspace, and develop good online habits.
10.2.2. An adolescent shall comply with the National Internet Civilization
Convention for Teenagers:
(1) Be good at online learning, and do not browse harmful information;
(2) Communicate in an honest and friendly way, and do not insult or cheat
others;
(3) Increase the awareness of self-protection, and do not physically meet with
internet users without exercising due caution;
(4) Maintain the security of the internet, and do not undermine the order of the
internet;
(5) Pay attention to physical and mental health, and do not indulge in virtual
reality.
11. Alteration
11.1. 70mai shall be entitled to amend the Agreement when necessary. Once any clause changes, the amended clause will be published on the relevant webpage. If disagreeing about the change, the User shall actively cancel the services. If the User continuously uses the services, it will be deemed that the User accepts the change.
11.2. 70mai shall be entitled to modify or change paid services, charge standards, collection methods, service fees and service clauses, as needed. When providing services, 70mai may start to collect certain expenses from users of some services at present or in future. If the User refuses to pay such expenses, he/she will be unable to continuously use relevant services after the start of collection.
12. Applicable Laws and Settlement of Disputes
12.1. The effectiveness and interpretation of clauses hereof shall be governed by laws
of the mainland of the People’s Republic of China. If there is no relevant legal
provision, please refer to international business practices and/or business
practices.
12.2. The Agreement is concluded in District, Shanghai.
12.3. The User and 70mai unanimously agree to settle any dispute arising from the services through negotiation. If negotiation fails, either party may refer the dispute to the court with the right of jurisdiction of the place of conclusion of the Agreement for settlement by litigation.
13. Miscellaneous
13.1. 70mai will announce or notify the User of any amendment to service clauses,
service change and/or any other important matter by e-mail, short message or
webpage or in a way deemed by 70mai as proper. If the User fails to raise an
objection in writing within three (3) days after 70mai sends any information to
the User in any way above mentioned, it will be deemed that the User accepts new
information contents.
13.2. The Agreement is updated on September 14, 2020.
13.3. Headings of all clauses hereof are only for the convenience of reading. They
have no actual meanings, and cannot taken as bases for the interpretation of the Agreement.
13.4. Where any clause hereof is ineffective or non-executable for any reason,
remaining ones shall survive, and be still binding upon both parties hereto.